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Working While Pregnant: New Protections Roll Out Nationwide

A new federal law that prohibits employers from discriminating against pregnant workers went into effect on Tuesday, extending protections to millions of people.

The law, called the Pregnant Workers Fairness Act (PWFA), requires businesses with 15 or more employees to provide “reasonable accommodations” to workers with limitations related to pregnancy or childbirth — unless the accommodation is deemed difficult or expensive.

An estimated 2.8 million women work while pregnant, according to data from the National Partnership for Women and Families. The PWFA provides essential protections for them, with an emphasis on Black women, who are most likely to be employed while pregnant.

The PWFA could play out differently for each worker, depending on their needs. For example, a grocery store worker may request a stool to sit on instead of standing for long hours at a cash register. A fast food worker may request a change in uniform to accommodate maternity pants. A clothing store worker may request to carry a bottle of water on the floor.

Other examples include longer breaks to rest or use the bathroom, later start times to accommodate for morning sickness, creating temporary lactation spaces, flexible scheduling for prenatal and postpartum appointments, and time off for childbirth recovery.

In 2015, the Supreme Court ruled in favor of a UPS driver who was denied accommodations while pregnant.

The PWFA was signed by President Joe Biden in December 2022. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the law, including reviewing cases of discrimination that occur on or after June 27.

“I am honored to lead the EEOC as we enforce a new civil rights law. For workers and job applicants, the PWFA will help ensure economic security at a critical time in their lives,” EEOC Chair Charlotte A. Burrows said in a statement.

The PWFA comes nearly four decades after the Pregnancy Discrimination Act (PDA), which was passed in 1978. The law was groundbreaking at the time. It banned hiring, firing, promoting, and adjusting pay and other benefits based on a person’s pregnancy status.

Yet, over the years, many workplace needs continued to go unmet, resulting in a slew of lawsuits.

In 2015, the Supreme Court ruled in favor of a UPS (United Parcel Service) driver who was denied accommodations while pregnant. Peggy Young, the plaintiff in Young v. UPS, was advised to lift no more than 20 pounds by her OB/GYN and midwife. She requested a lighter workload but was denied because UPS did not give light-duty for pregnancy. Though, they did offer the assignments to injured or disabled workers.

PWFA may provide essential protections for them, with an emphasis on Black women, who are most likely to be employed while pregnant.

The Supreme Court sided with Young, which established a new legal standard — but there was a caveat: a pregnant worker could only request accommodations if they could prove a co-worker with a similar medical condition was accomodated.

The EEOC continued to receive pregnancy discrimination claims by the thousands after Young’s case. So, organizations like A Better Balance advocated for a new law — what became the PWFA — to fully protect pregnant workers.

“The onerous Young standard did not (and could not) skirt the fundamental problem with the PDA: it does not require employers to affirmatively provide accommodations to pregnant workers regardless of how they treat others,” the non-profit wrote in a recent PWFA report.


2 More Connecticut Officers Fired for Mistreating Randy Cox After he Was Paralyzed in a Police Van

HARTFORD, Conn. (AP) — Two more Connecticut police officers were fired Wednesday for what officials called their misconduct and lack of compassion in how they treated Richard “Randy” Cox after he was paralyzed in the back of a police van last year.

New Haven police commissioners voted 5-0 to dismiss Officer Oscar Diaz, the van driver, and Sgt. Betsy Segui, the detention area supervisor, at the recommendation of Chief Karl Jacobson.

Of the five officers who were criminally charged, commissioners have now fired four of them after an internal affairs investigation. The fifth officer, Ronald Pressley, avoided department disciplinary proceedings by retiring in January.

“I hope that these decisions … with this being concluded we can now start to heal as a police department and as a community,” said Evelise Ribeiro, chair of the commissioners. “The treatment of Mr. Cox was appalling and is not the way that we would want our officers to treat any of our citizens in the city of New Haven. And this behavior will not be tolerated in this department.”

Ribeiro also apologized to Cox and his family,

Lawyers for the four fired officers said they plan to contest the terminations in arbitration proceedings, under rules set in the police contract.

“Unfortunately these four police officers wound up in the wrong place, at the wrong time, in the wrong political arena,” said Jeffrey Ment, a lawyer for Diaz and Segui.

Cox, 37, injured his neck on June 19, 2022, when Diaz braked the van hard to avoid a collision with another vehicle that had pulled out from a side street, according to police and videos of the events. Cox’s hands were cuffed behind his back and there were no seat belts, and he flew headfirst into the metal divider between the driver’s section and prisoners’ area.

“I can’t move. I’m going to die like this. Please, please, please help me,” Cox said, according to police video. He had been arrested on allegations he threatened a woman with a gun, charges that later were dismissed.

At the police station, authorities said officers recklessly dragged Cox out of the van and around the police station, mocked him for not being able to move and accused him of faking and being drunk.

Cox’s case outraged the community, including local NAACP officials. Ben Crump, one of Cox’s lawyers, compared it to what happened to Freddie Gray, a Black man who died in 2015 in Baltimore after he suffered a spinal injury while handcuffed and shackled in a city police van. Cox is Black, and all five officers who were arrested are Black or Hispanic.

Messages seeking comment were left for Crump and Cox’s mother Wednesday night.

As Cox pleaded for help in the back of the van, Diaz kept driving for more than three minutes before pulling over to check on him after having heard Cox repeatedly say he couldn’t move and thought he broke his neck, according to the internal affairs investigation report.

Diaz told Cox he had called for an ambulance, which he asked to meet him at the police station. Diaz then drove Cox to the station. Jacobson has said that was a violation of department rules because Diaz should have waited for the ambulance when he pulled over.

At the police station, Officer Jocelyn Lavandier dragged Cox to the back of the van by his feet, and Diaz and Pressley grabbed his shirt as he collapsed to the ground.

When Cox told them he thought he had cracked his neck, Segui responded, “You ain’t crack nothing. You just drank too much,” according to the report.

Cox was then put in a wheelchair, with his neck and body leaning to one side. Officers later took him out of the wheelchair, placed him on the floor of a cell and handcuffed him. The ambulance arrived minutes later and took Cox to a hospital. He was left paralyzed from the chest down.

The five officers were charged with misdemeanors — cruelty and reckless endangerment. All pleaded not guilty, and their cases remain pending.

Cox sued the city, which recently agreed to a $45 million settlement.

After Cox was injured, city police announced reforms including making sure all prisoners wear seat belts. The state Senate gave final legislative approval earlier this month to a bill spurred by the Cox case that would require seat belts for all prisoners being transported.

New Haven Mayor Justin Elicker called the firings “important and necessary steps towards ensuring accountability for the mistreatment of Randy Cox.”

“While nothing can ever return Randy’s life to the way it was prior to this incident … we have demonstrated clearly and unequivocally as a community that Randy’s life matters, that Black Lives Matter and that we are resolved to do everything in our power to ensure an incident like this never happens again,” he said in a statement.


Relatives of Man who Died During Admission to Psychiatric Hospital Seek Federal Investigation

RICHMOND, Va. (AP) — Lawyers for the family of a Virginia man who died of asphyxiation after he was pinned to the floor for about 11 minutes while being admitted to a psychiatric hospital have asked the U.S. Department of Justice to open a criminal investigation into the circumstances surrounding his death.

In letter to federal officials that was dated June 26 and made public Wednesday, prominent civil rights attorney Ben Crump and Virginia attorney Mark Krudys said the state prosecutor’s office that brought second-degree murder charges against sheriff’s deputies and hospital workers does not have the staff or resources to prosecute the case adequately.

Irvo Otieno, 28, died March 6 as he was being admitted to Central State Hospital. Video from the hospital showed Henrico County sheriff’s deputies and hospital staff attempting to restrain Otieno — who was in handcuffs and leg shackles — for about 20 minutes. For most of that time, Otieno was on the floor being held down by a group that at one point appeared to include 10 people.

Seven deputies and three hospital workers were charged with second-degree murder in Otieno’s death. Former Dinwiddie Commonwealth’s Attorney Ann Cabell Baskervill, whose resignation became effective last week, dropped charges against two of the workers just before her departure.

The family of Otieno, who was Black, has said he was brutally mistreated during a mental health crisis, both at the hospital and while in law enforcement custody for several days before that.

In their letter, lawyers for Otieno’s family said Baskervill’s resignation leaves just two recently hired prosecutors to handle the case as well as all other state prosecutions in the county.

“In our opinion, the newly appointed (Commonwealth’s Attorney) and his similarly new, small staff — with an ample caseload apart from the indictment of Mr. Otieno’s killers — are not adequately prepared to prosecute the eight defendants, all of whom have separate, experienced counsel,” Crump and Krudys wrote.

A spokesperson for the U.S. Attorney’s Office for the Eastern District of Virginia declined to comment. The Justice Department and the Dinwiddie County Commonwealth Attorney’s Office did not immediately respond to requests seeking comment.

Crump and Krudys also said in their letter that federal civil rights laws prohibiting the use of excessive force by law enforcement officers “are the appropriate vehicle” to address the defendants’ conduct.

“This matter, which implicates important concerns regarding the treatment of the mentally ill, has garnered significant community attention and deserves the thoroughness and competence that can only be dispatched by DOJ agents, AUSAs, and other DOJ employees,” the lawyers wrote.

Krudys said in a phone interview that they are not asking state prosecutors to step aside from the case completely. They want the Dinwiddie Commonwealth Attorney’s Office to prosecute the state murder charges and the Justice Department to bring an excessive force claim, he said.

An autopsy conducted by the Virginia Office of the Chief Medical Examiner determined that the cause of death was asphyxia, while the manner of death was ruled a homicide.

During court hearings and in statements, attorneys for several of the defendants have said Otieno was combative and the deputies were trying to restrain him.


California Black Reparations Task Force Concludes Historic 2-Year Work

By Associated Press 

SACRAMENTO, Calif. (AP) — California’s first-in-the-nation slavery reparations task force wraps up its historic work Thursday with the official submission of a report two years in the making, one that documents the state’s role in perpetuating discrimination against Black residents and suggests dozens of ways to atone.

The report heads to lawmakers who will be responsible for turning policy recommendations into legislation. Reparations will not happen until lawmakers and Gov. Gavin Newsom agree.

The recommendations include a formal apology to descendants of people enslaved in the U.S. and financial compensation for harms descendants have suffered, such as overpolicing and housing discrimination. The panel also recommended the state create a new agency to oversee reparations efforts.

“It’s been a whirlwind, it’s been very work intensive, but also very cathartic and very emotional,” said Kamilah Moore, 31, task force chair and a Los Angeles-based attorney. “We’re standing in the shoes of our ancestors to finish, essentially, this sacred project.”

The nine-member panel convened in June 2021 after Gov. Gavin Newsom signed legislation in 2020 creating the task force. The panelists, picked by Newsom and leaders of the Senate and Assembly, include the descendants of slaves who are lawyers, educators, elected officials and civil rights leaders.

Reparations efforts at the federal level have stalled for decades, but cities, counties, school districts and universities have taken up the cause in recent years. An advisory group in San Francisco has recommended that qualifying Black adults receive a $5 million lump-sum payment, guaranteed annual income of at least $97,000 and personal debt forgiveness. San Francisco supervisors will take up the issue later this year.

New York could become the second state to create a commission to examine state involvement in the institution of slavery, and to address present-day gaps in economical and educational disparities experienced by Black people. The legislation, approved earlier this month by lawmakers, has not yet been signed by Gov. Kathy Hochul.

California entered the union as a free state in 1850, but in practice sanctioned slavery and approved policies and practices that thwarted Black people from owning homes and starting businesses. Black families were terrorized, their communities aggressively policed and their neighborhoods subject to environmental pollutants, according to a groundbreaking report released last year as part of the committee’s task to educate the public.

The panel did not recommend a fixed dollar amount for financial redress, but endorsed methodologies by economists for calculating what is owed for decades of overpolicing, disproportionate incarceration and housing discrimination. Initial calculations pegged the potential cost to California at more than $800 billion — more than 2.5 times the state’s $300 billion annual budget — although that cost was reduced to $500 billion in a later report without explanation.

“Overall, what we said is we believe there should be compensation, elders should be prioritized and it should be in installments,” Moore said.

For those elders, economists recommended, for example, nearly $1 million for a 71-year-old Black person who has lived all their life in California — or $13,600 per year — for health disparities that have shortened their average life span.

Black people subjected to aggressive policing and prosecution in the “war on drugs” from 1971 to 2020 could each receive $115,000 if they lived in California throughout that period or more than $2,300 for each year they lived in the state during that period.

The task force narrowly voted to limit individual financial redress to residents who can document lineage from Black people who were in the U.S. in the 19th century, thereby excluding more recent immigrants.


Essence Festival of Culture 2023 Kicks off in New Orleans

NEW ORLEANS (AP) — Nearly 30 years ago, creators of Essence Magazine came to New Orleans to celebrate the publication’s 25th anniversary with a salute to Black women highlighting culture, empowerment conversations with the nation’s thought leaders and, of course, music.

The Essence Music Festival has since morphed into the Essence Festival of Culture, which, in its 29th year, kicks off Thursday and goes through July 3 across various venues in downtown New Orleans. The Ernest N. Morial Convention Center will hold most of the free workshops, vendor exhibits and celebrity meet-and-greets. Blocks away, the Superdome will host nightly ticketed performances by artists including headliners Lauryn Hill, Missy Elliott and Megan Thee Stallion as the festival commemorates 50 years of hip-hop.

Hakeem Holmes, a New Orleans native and newly appointed vice president of the festival, describes the festival as a “crown jewel of Black culture” that “plays a pivotal role in the amplification and celebration of the contributions of the Black community through business, music and more.”

“This is the first time three black women emcees are headlining,” Holmes noted. “That’s representative of the growth and the direction we’re taking the event. It’s important to have the attention of the audience we’re serving. We’re attracting younger generations now so we’ve had to grow. It’s exciting that throughout out each night we’ll feature younger artists alongside the legends.”

New Orleans has hosted every festival except for 2006, when it moved to Houston while the Superdome underwent Hurricane Katrina -related repairs. In 2020 and 2021, Essence was staged virtually because of the COVID-19 pandemic.

Hill returns to the festival’s stage after a surprise cameo performance at last year’s festival with her former Fugees bandmate, Wyclef Jean. Friday night’s show will also commemorate the 25th anniversary of her five-time Grammy Award winning project, “The Miseducation of Lauryn Hill.” Rap icon Doug E. Fresh, to mark hip-hop’s 50th anniversary, will lead a night of performances by rap pioneers including Slick Rick, Big Daddy Kane, EPMD and KRS-One. Also scheduled to perform are Tems, Jagged Edge, Ari Lennox and New Orleans’ own Juvenile.

Juvenile had criticized organizers for not including him in the festival’s lineup, questioning how it could celebrate hip-hop in the City of New Orleans without him. Essence Ventures CEO Caroline Wanga has said there was never any intent to not include New Orleans artists on the bill.

“When we started to source talent, there was no way in hell we were not going to have New Orleans artists,” she said. “We have always created a festival that had some things announced and some surprises. We would never plan a festival that didn’t have involvement from the city that birthed us.”

Missy Elliott, the first female in hip-hop to be inducted into the Rock & Roll Hall of Fame, will take center stage Saturday while music mogul Jermaine Dupri will curate a special segment of hip-hop’s greatest hitmakers from the South called “The South Got Something To Say,” including performances by T.I., Ludacris, Gucci Mane, Lil Jon and Big Boi. Dupri is also marking the 30th anniversary of his label, So So Def. Jill Scott, Monica, Coco Jones are scheduled to perform and West Coast rappers Ice Cube, Ice T, Yo-Yo, J.J. Fad and E-40 will be showcased as well.

Three-time Grammy winning rapper Megan Thee Stallion will close out the festival’s concert series on Sunday, while radio personality Angie Martinez plays host to a celebration of women who influenced the culture with performances by Eve, Salt-N-Pepa, Remy Ma, Trina and New Orleans’ own Mia-X. Others taking the stage will include Wizkid, Muni Long and Kizz Daniel.

The festival’s lineup in the past has been heavily shaped by mostly R&B artists. Holmes said the 2023 look “evolves” the event’s tone.

“We’re hoping that everyone who attends feels seen and we hope that we’re strengthening the things they want to see,” said Holmes, who noted elements of the festival targeting men, the Gen Z population and fans of alternative arts exemplified by Essence’s Afropunk festival.

The 2022 festival had a $327 million impact on the City of New Orleans’ economy, according to a study commissioned by Essence and generated by Dillard University. Before Essence, the city struggled in the summer because of the sometimes tumultuous and always hot, hot weather. Now, the festival is a major rainmaker for the city’s summer tourism season.

Vice President Kamala Harris will participate Thursday in a discussion at the festival concerning small businesses and on Friday, she will speak on issues ranging from protecting reproductive freedom to addressing the maternal health crisis. Also Friday, U.S. Treasury Secretary Janet Yellen, as part of the Biden-Harris administration’s Investing in America tour, will discuss Biden’s legislative accomplishments.

Last year’s festival saw 1.9 million live and virtual attendees of activities including Essence Food & Wine Festival, Essence Marketplace, Essence Film Festival, Essence Wellness House, Global Black Economic Forum, Essence Family Day and more.

Some of the events take place away from the main venues — a move Wanga said was aimed at encouraging people to visit other parts of the city.


Supreme Court Strikes Down Affirmative Action

By Stacy M. Brown, NNPA Newswire Senior National Correspondent

The Supreme Court began a highly anticipated final day of the term by striking down affirmative action.

The conservative-led justices ruled 6-3 against the admissions policies at Harvard University and the University of North Carolina, a decision that will have widespread and lasting implications.

“By gutting equitable access to our country’s higher education system, today’s majority conservative Supreme Court ruled against Black and Brown students’ access to the American Dream,” said Jessica Giles, Executive Director of DFER DC.

“This ruling erases decades of progress – a particularly concerning reality given our higher-education system continues to uphold systemic, racist barriers to entry that keep doors of opportunity closed on Black and Brown students.”

“Now more than ever, we must upend the college admission process to ensure it is optimized for racial equity, starting by abolishing legacy preference – a textbook example of systemic racism.

“In the absence of race conscious admissions policies, we strongly urge D.C. elected officials to pass policies that ensure our Black and Brown students complete postsecondary education and can obtain economic prosperity.”

The high court is expected to release decisions on several other cases including President Biden’s student loan forgiveness plan, LGBTQ rights, and religious freedom.

The affirmative action decision overturns long-standing precedent that has historically benefited Black and Latino students.

Two prominent programs at Harvard and the University of North Carolina, aimed at achieving diversity on campus, are at the center of this legal battle.

During oral arguments, the justices leaning towards the right side of the bench appeared inclined to rule against the schools.

The decision represents a significant victory for opponents of affirmative action, who argue that any consideration of race hinders the goal of a color-blind society.

Another case of great importance addresses President Joe Biden’s student loan forgiveness program.

The Supreme Court is examining two challenges to the program, which aims to provide targeted debt relief to millions of student loan borrowers.

The program has faced legal obstacles, with Republican-led states and conservatives contending that it unlawfully attempts to erase approximately $430 billion of federal student loan debt under the guise of pandemic relief.

At the heart of the case lies the question of the Department of Education’s authority to forgive these loans.

Conservative justices have previously expressed concerns about the growing power of agencies without direct public accountability, thus raising questions about the separation of powers.

A religious accommodation dispute involving a former mail carrier, Gerald Groff, is also on the docket.

Groff, an evangelical Christian, seeks to sue the US Postal Service for failing to accommodate his request to refrain from working on Sundays due to religious reasons.

The lower court ruled against Groff, citing the undue burden it would place on the USPS and the potential negative impact on workplace morale when other employees have to cover his shifts.

However, during the lengthy oral arguments, there seemed to be a consensus that the appeals court had been too hasty in dismissing Groff’s case.

The question of whether businesses can deny services to LGBTQ customers is another critical issue before the court.

Lorie Smith, a graphic designer, wishes to expand her business by creating custom wedding websites but refuses to work with gay couples due to religious objections against same-sex marriage.

Smith’s plans have been stalled by Colorado’s public accommodations law, which prohibits businesses from refusing service based on sexual orientation.

Smith, who operates under the name 303 Creative LLC, maintains that she is willing to work with all individuals regardless of sexual orientation but draws the line at creating websites celebrating same-sex marriage, as it conflicts with her beliefs.


Smoke from Canada Wildfires is Increasing Health Risks in Black and Poorer US Communities

DETROIT (AP) — Smoky air from Canada’s wildfires shrouded broad swaths of the U.S. from Minnesota to New York and Kentucky on Wednesday, prompting warnings to stay inside and exacerbating health risks for people already suffering from industrial pollution.

The impacts are particularly hard on poor and minority communities that are more likely to live near polluting plants and have higher rates of asthma. Detroit, a mostly Black city with a poverty rate of about 30%, had some of the worst air quality in the U.S. on Wednesday, prompting the Environmental Protection Agency to warn that “everyone should stay indoors.”

“The more breaths you’re taking, you’re inhaling, literally, a fire, camp smoke, into your lungs,” said Darren Riley, who was diagnosed with asthma in 2018, a few years after arriving in Detroit.

“Many communities face this way too often,” said Riley, who is Black. “And while this wildfire smoke allows, unfortunately, many people to feel this burden, this is a burden that far too long communities have faced day in and day out.”

The EPA’s AirNow.gov site showed cities including Chicago, Detroit, Indianapolis and Cleveland, Ohio, had “very unhealthy air” as of Wednesday afternoon. A wider circle of unhealthy air spread into Pittsburgh, St. Louis and Louisville, Kentucky.

Earlier this month, smoke from the wildfires blanketed the U.S. East Coast for days.

Another round of drifting smoke from the wildfires was moving through western Pennsylvania and central New York and headed toward the Mid-Atlantic, said National Weather Service meteorologist Byran Jackson. In Canada, smoke will migrate across Quebec and Ontario over the next few days, Environment and Climate Change Canada meteorologist Steven Flisfeder said.

In the U.S., the smoke is exacerbating air quality issues for poor and Black communities that already are more likely to live near polluting plants, and in rental housing with mold and other triggers.

Detroit’s southwest side is home to a number of sprawling refineries and manufacturing plants. It is one of the poorest parts of the city. According to a 2022 report by the American Lung Association, the city’s and short-term particle pollution ranked among the worst in the nation.

“Being close to those refineries — that’s an environmental factor that’s difficult to control,” said Dr. Ruma Srivastava, a pediatric pulmonologist at Children’s Hospital of Michigan in Detroit. “It does increase their risk for asthma flareups. For them, it’s even more important to follow the (air quality safety) recommendations.”

Riley’s own experiences prompted him to start JustAir, which provides air pollution monitoring.

“Just because you’re born in a certain ZIP code or you’re born into a certain family with a certain skin color doesn’t mean that you should have an unequal go at it,” he said.

Elsewhere, Milwaukee County Emergency Medical Services has seen a spike in calls for residents with respiratory complaints, the Milwaukee Journal Sentinel reported. Office of Emergency Management data show a disproportionate amount of calls for respiratory issues – 54.8% – have been for Black people in Milwaukee, according to the newspaper. Milwaukee County’s population is 27.1% Black.

In Chicago, where about 29% of the population is Black, Mayor Brandon Johnson urged young people, older adults and residents with health issues to spend more time indoors. He pledged “swift action to ensure that vulnerable individuals have the resources they need to protect themselves and their families.”

President Joe Biden visited the nation’s third-largest city on Wednesday to promote his renewable energy policies. Biden has described the Canadian wildfires as clear evidence of climate change.

Minnesota issued a record 23rd air quality alert for the year through late Wednesday night, as smoky skies obscured the skylines of Minneapolis and St. Paul. Michigan, Wisconsin and Indiana were among other states issuing air quality alerts, and cities including Louisville also advised people to limit prolonged or intense outdoor activity.

“This is particularly thick smoke,” Jackson, with the National Weather Service, said.

Across Canada, 490 fires are burning, with 255 of them considered to be out of control. The Canadian Interagency Forest Fire Centre reported Monday that 76,129 square kilometers (29,393 square miles) of land including forests has burned across Canada since Jan. 1. That exceeds the previous record set in 1989 of 75,596 square kilometers (29,187 square miles), according to the National Forestry Database.

“As long as the fires are burning and the smoke is in the atmosphere it is going to be a concern not just for Canadians but Americans as well,” Flisfeder, the Canadian meteorologist, said.

The small particles in wildfire smoke can irritate the eyes, nose and throat, and can affect the heart and lungs, making it harder to breathe. Health officials say it’s important to limit outdoor activities to avoid breathing in the particles.

The warming planet will produce hotter and longer heat waves, making for bigger, smokier fires, said Joel Thornton, professor and chair of the department of atmospheric sciences at the University of Washington.

Quentin Hernandez, a 24-year-old event planner from Detroit, was out skateboarding for about an hour Wednesday at a skate park near the Ambassador Bridge, which connects the city and Windsor, Ontario.

“It just sits like this all day,” said Hernandez, saying that it smelled like being at a barbecue. “Literally, the smoke just sits in the air.”


Supreme Court Strikes Down Affirmative Action in College Admissions, Says Race Cannot be a Factor

WASHINGTON (AP) — The Supreme Court on Thursday struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies.

The court’s conservative majority overturned admissions plans at Harvard and the University of North Carolina, the nation’s oldest private and public colleges, respectively.

Chief Justice John Roberts said that for too long universities have “concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.”

Justice Clarence Thomas, — the nation’s second Black justice, who had long called for an end to affirmative action — wrote separately that the decision “sees the universities’ admissions policies for what they are: rudderless, race-based preferences designed to ensure a particular racial mix in their entering classes.”

Justice Sonia Sotomayor wrote in dissent that the decision “rolls back decades of precedent and momentous progress.”

Both Thomas and Sotomayor, the two justices who have acknowledged affirmative action played a role in their admissions to college and law school, took the unusual step of reading a summary of their opinions aloud in the courtroom.

In a separate dissent, Justice Ketanji Brown Jackson — the court’s first Black female justice — called the decision “truly a tragedy for us all.”

Jackson, who sat out the Harvard case because she had been a member of an advisory governing board, wrote, “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat. But deeming race irrelevant in law does not make it so in life.”

The vote was 6-3 in the North Carolina case and 6-2 in the Harvard case. Justice Elena Kagan was the other dissenter.

President Joe Biden was expected to comment on the decision from the White House later Thursday.

Two former presidents offered starkly different takes on the high-court ruling.

Former President Donald Trump, the current GOP presidential frontrunner, wrote on his social media network that the decision marked “a great day for America. People with extraordinary ability and everything else necessary for success, including future greatness for our Country, are finally being rewarded.”

Former President Barack Obama said in a statement that affirmative action “allowed generations of students like Michelle and me to prove we belonged. Now it’s up to all of us to give young people the opportunities they deserve — and help students everywhere benefit from new perspectives.”

The Supreme Court had twice upheld race-conscious college admissions programs in the past 20 years, including as recently as 2016.

But that was before the three appointees of former President Donald Trump joined the court. At arguments in late October, all six conservative justices expressed doubts about the practice, which had been upheld under Supreme Court decisions reaching back to 1978.

Lower courts also had upheld the programs at both UNC and Harvard, rejecting claims that the schools discriminated against white and Asian American applicants.

The college admissions disputes are among several high-profile cases focused on race in America, and were weighed by the conservative-dominated, but most diverse court ever. Among the nine justices are four women, two Black people and a Latina.

The justices earlier in June decided a voting rights case in favor of Black voters in Alabama and rejected a race-based challenge to a Native American child protection law.

The affirmative action cases were brought by conservative activist Edward Blum, who also was behind an earlier affirmative action challenge against the University of Texas as well as the case that led the court in 2013 to end use of a key provision of the landmark Voting Rights Act.

Blum formed Students for Fair Admissions, which filed the lawsuits against both schools in 2014.

The group argued that the Constitution forbids the use of race in college admissions and called for overturning earlier Supreme Court decisions that said otherwise.

Roberts’ opinion effectively did so, both Thomas and the dissenters wrote.

The only institutions of higher education explicitly left out of the ruling are the nation’s military academies, Roberts wrote, suggesting that national security interests could affect the legal analysis.

Blum’s group had contended that colleges and universities can use other, race-neutral ways to assemble a diverse student body, including by focusing on socioeconomic status and eliminating the preference for children of alumni and major donors.

The schools said that they use race in a limited way, but that eliminating it as a factor altogether would make it much harder to achieve a student body that looks like America.

At the eight Ivy League universities, the number of nonwhite students increased by 55% from 2010 to 2021, according to federal data. That group, which includes, Native American, Asian, Black, Hispanic, Pacific Islander and biracial students, accounted for 35% of students on those campuses in 2021, up from 27% in 2010.

The end of affirmative action in higher education in California, Michigan, Washington state and elsewhere led to a steep drop in minority enrollment in the states’ leading public universities.

They are among nine states that already prohibit any consideration of race in admissions to their public colleges and universities. The others are: Arizona, Florida, Georgia, Nebraska, New Hampshire and Oklahoma.

In 2020, California voters easily rejected a ballot measure to bring back affirmative action.

A poll last month by The Associated Press-NORC Center for Public Affairs Research showed 63% of U.S. adults say the court should allow colleges to consider race as part of the admissions process, yet few believe students’ race should ultimately play a major role in decisions. A Pew Research Center survey released last week found that half of Americans disapprove of considerations of applicants’ race, while a third approve.

The chief justice and Jackson received their undergraduate and law degrees from Harvard. Two other justices, Elena Kagan and Neil Gorsuch, went to law school there, and Kagan was the first woman to serve as the law school’s dean.

Every U.S. college and university the justices attended, save one, urged the court to preserve race-conscious admissions.

Those schools — Yale, Princeton, Columbia, Notre Dame and Holy Cross — joined briefs in defense of Harvard’s and UNC’s admissions plans.

Only Justice Amy Coney Barrett’s undergraduate alma mater, Rhodes College, in Memphis, Tennessee, was not involved in the cases.


As Supreme Court Strikes Down Affirmative Action, Colleges See Few Other Ways to Diversity Goals

But years of experimentation — often prompted by state-level bans on considering race in admissions — left no clear solution. In states requiring race-neutral policies, many colleges saw enrollment drops among Black and Hispanic students, especially at selective colleges that historically have been mostly white.

Now that the Supreme Court has struck down the consideration of race in college admissions, schools nationwide will face the same test. Some have warned the development could erase decades of progress on campus diversity.

At Amherst College, officials had estimated going entirely race-neutral would reduce Black, Hispanic and Indigenous populations by half.

“We fully expect it would be a significant decrease in our population,” said Matthew McGann, Amherst’s director of admission, earlier this year.

Facing a conservative Supreme Court that appeared skeptical from the start, colleges have been preparing for a rollback. Some were considering adding more essays to get a better picture of an applicant’s background, a strategy invited in Thursday’s Supreme Court ruling.

“Nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university,” Chief Justice John Roberts wrote for the court’s conservative majority. “Many universities have for too long wrongly concluded that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned, but the color of their skin. This Nation’s constitutional history does not tolerate that choice.”

Other colleges were planning to boost recruiting in racially diverse areas, or admit more transfer students from community colleges.

The court took up affirmative action in response to challenges at Harvard University and the University of North Carolina. Lower courts upheld admission systems at both schools, rejecting claims that the schools discriminated against white and Asian American applicants. But at Supreme Court arguments in late October, all six conservative justices expressed doubts about the practice, which had been upheld under Supreme Court decisions reaching back to 1978, and as recently as 2016.

While they awaited this latest ruling, schools were taking lessons from colleges that don’t consider race. Nine states previously banned affirmative action, starting with California in 1996 and most recently Idaho in 2020.

After Michigan voters rejected it in 2006, the University of Michigan shifted attention to low-income students.

It sent graduates to work as counselors in low-income high schools. It started offering college prep in Detroit and Grand Rapids. It offered full scholarships for low-income Michigan residents. More recently, it started accepting fewer early admission applications, which are more likely to come from white students.

Despite those efforts, the university offers itself as a cautionary tale. The share of Black and Hispanic undergraduates hasn’t fully rebounded from a falloff after 2006. And while Hispanic enrollments have been increasing, Black enrollments continued to slide, going from 8% of undergraduates in 2006 to 4% now.

The campus is drawing more low-income students, but that hasn’t translated to racial diversity, said Erica Sanders, the director of undergraduate admissions at Michigan.

“Socioeconomic status is not a proxy for race,” Sanders said.

At the same time, some of Michigan’s less selective colleges have fared better. At nearby Eastern Michigan University, the number of students of color increased, reflecting demographic shifts in the state. It illustrates what experts say is a chilling effect seen most acutely at selective colleges — students of color see fewer of their peers at places like Ann Arbor, prompting them to choose campuses that appear more welcoming.

Growing up in Ann Arbor, there was an expectation that Odia Kaba would attend the University of Michigan. When her application was deferred, she started at Eastern Michigan with plans to transfer to Ann Arbor her sophomore year.

By then, Kaba was getting daily texts from her sister, who attended U-M, describing the microaggressions she faced as a Black student on campus. Rooms went silent when she walked in. She was ignored in group projects. She felt alone and suffocated.

“Why would I go to U of M?” Kaba, 22, remembers thinking. “I’m just going to be stuck with people that don’t look like me, can’t relate to me, and with no way to escape it.”

Kaba stayed at Eastern Michigan and graduated with a degree in quantitative economics this year. Even though it’s a mostly white campus, Kaba said she found pockets of diversity that helped make her comfortable.

“I’m in economics, which is a white male-dominated space. But I can walk out of the classroom and be surrounded by my people, and I just feel safe,” she said.

The University of California saw similar enrollment slides after a statewide ban in 1996. Within two years, Black and Hispanic enrollments fell by half at the system’s two most selective campuses, Berkeley and UCLA. The system would go on to spend more than $500 million on programs aimed at low-income and first-generation college students.

The system also started a program that promises admission to the top 9% of students in each high school across the state, an attempt to reach strong students from all backgrounds. A similar promise in Texas has been credited for expanding racial diversity, and opponents of affirmative action cite it as a successful model.

In California, the promise drew students from a wider geographic area but did little to expand racial diversity, the system said in a brief to the Supreme Court. It had almost no impact at Berkeley and UCLA, where students compete against tens of thousands of other applicants.

Today at UCLA and Berkeley, Hispanic students make up 20% of undergraduates, higher than in 1996 but lower than their 53% share among California’s high school graduates. Black students, meanwhile, have a smaller presence than they did in 1996, accounting for 2% of undergraduates at Berkeley.

Opponents of affirmative action say some states have fared well without it. After Oklahoma outlawed the practice in 2012, the state’s flagship university saw “no long-term severe decline” in minority enrollments, the state’s attorney general told the Supreme Court.

It pointed to a recent freshman class at the University of Oklahoma that had more Hispanic, Asian and Native American students than in 2012. The share of Black students fell, but it wasn’t far from flagship universities in other states that allow affirmative action, the state said.

Still, many colleges expect racial diversity could take a hit. With affirmative action struck down, colleges fear they will unknowingly admit fewer students of color. In the long run, it can be self-perpetuating — if numbers fall, the campus can appear less attractive to future students of color.

That’s a problem, colleges say, because racial diversity benefits the entire campus, exposing students to other worldviews and preparing them for a diverse workforce.

“We need to make sure we’re sending the message that we’re committed to diversity, independent of what the court does,” said Doug Christiansen, dean of admissions at Vanderbilt University.

The stakes are high for colleges like Vanderbilt, where Black students make up 9% of the student body, more than most highly selective colleges. But the school isn’t planning a major shift in strategy, Christiansen said this spring. Instead, it plans to build on efforts to recruit in diverse areas and expand its outreach.

In some ways, colleges have been preparing for an end to affirmative action since earlier legal challenges, Christiansen said. “These are things we’ve had to think about for quite some time,” he said.

Beyond race, the decision has the impact to reshape other admissions policies. To draw more underserved populations, experts say colleges may need to do away with policies that advantage white students, from legacy preferences and early admission to standardized test scores.

At Amherst, officials ended legacy preferences in 2021 and expanded financial aid. The college is looking for ways to sustain its diversity, but officials say options are limited.

“I don’t know if there’s going to be some terrific innovation,” McGann said. “If a school had figured it out, they would be doing it already.”


Jonah Edward Hill III

John Edward Hill III was born in Queens, New York on October 19, 1969, to the union of Shirley A. and John Edward Hill Jr. John had two older siblings. He was never married nor did he have children.

John completed Culinary School, and his career took him all over the world as a first class chef. He wrote and produced volumes 1 and 2 of his Major Chronic Comic Book. He was working on volume 3 before his passing.

John was a vendor at several San Diego Black Comic Conventions, earth, and other events that let him display his cooking abilities that incorporated modern alternative herbs in his food recipes.

On May 2, 2023, in San Diego, California, he passed away from this life. John was preceded in death by his father; John Edward Hill Jr., who passed away in 2017 in Lynchburg, VA.

John Edward leaves behind siblings; Sandra Ann Hill, of Henderson, NV. and Wendy O. Hill-Johnson of San Diego, CA; niece Janine Johnson-Butler; nephews Sean D. Johnson & David J. Hill; nephew-in-law Lamont M. Butler; great-nephews Langston M. and Liam M. Butler; and a host of cousins in North Carolina, New York, Wisconsin, and California.


Reflections on America’s Independence Observance: 2023

By Dr. John E. Warren, Publisher, The San Diego Voice & Viewpoint Newspaper

Once again, because of where America stands today on the ever present issue of race, the following reflections are offered from the first two paragraphs of the Declaration of Independence, signed July 4, 1776. First, the preamble, which has much bearing on where we stand today as a nation:

“When in the course of human events, it becomes necessary for
one people to dissolve the political bands which have connected
them with another, and to assume among the powers of the
Earth, the separate and equal station to which the Laws of Nature
and of Nature’s God entitle them, they should declare the causes
which compels them to separate…”

The Extreme Conservative Right elements of the American people, operating under the banner of the Republican Party, have provided living proof that the political “Bands” they are connected to do not include us, as people of color.

In addition to the attacks on which books our children can read, the efforts to outlaw any teaching dealing with the ugly truths of racism such as the attack on Critical Race Theory which most don’t even understand; the U.S. Supreme Court’s Decision on
Abortion Rights; and the failure to act on gun violence and the continued murder of citizens, mostly African Americans, by law enforcement officials all provide clear proof that there is not and never was a belief “that all men are created equal and that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”

 

Before we get too excited about the cookouts and holiday celebrations with fireworks across this great land, let us reflect on the words of Federick Douglass which appear elsewhere in this issue, including his famous Fourth of July Speech of 1852, in Rochester, New York. Let’s look at Independence as being incomplete because of the disparity that Douglass found between Blacks and Whites. Today, although more sophisticated, disparities still exist at every level, in spite of the efforts of so many Whites who have joined with Blacks in the struggle for equality for all.

Douglas asked in his speech: “Are the great principles of political freedom and natural justice, embodied in that Declaration of Independence, extended to us?” It would appear that in 161 years, many of his questions remain unanswered. The inequality of slavery still exists today in the minds and behavior of many Americans who cannot accept that America is a melting pot of all nations.

“Out of many, one.” That melting pot includes people of color.

The key requirement is that we as people of color must never accept less than equality in all things. While we may not technically be slaves, as reminded by the recent declaration of Juneteenth as a federal holiday, many of us are still mentally slaves to mediocrity and the acceptance of less than what we should have. If some of us remain slaves to inequality and injustice, then the following question Douglass raised is appropriate today:

“What to the American slave, is our Fourth of July? I answer; a day
that reveals to him, more than any other days in the year, the
gross injustice and cruelty to which he is constant victim; To
him your celebration is a sham, our shout of liberty and equality
hollow mockery; your prayers and hymns, your sermons and
Thanksgivings, wit all your religious parade and solemnity, are
to him, mere bombast, fraud, deception impiety, and hypocrisy –
a thin veil to cover crimes which would disgrace a nation of
savages.”

In conclusion: what should we do? We should review the America to whom Frederick Douglass spoke. We should weigh against his words how far we’ve come. We should
Celebrate Juneteenth; the 13th, 14th, and 15th Amendments; the Emancipation Proclamation, which had not been thought of when Douglass wrote this speech; Civil Rights, Voting Rights, and Equal Employment Opportunity as well as an integrated Armed Forces.

Let us remember our schools are just as segregated now, based on economics rather than race, than when the Supreme Court handed down the Brown v. Board of Education Decision.

Yes, we can take time out to celebrate, but let that celebration be measured in terms of
where we are and where we have yet to go.

What is the 4th of July? That which I must still fight for to make it really apply to me and those who look like me.

_____

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Cornelius “Neal” Petties

Cornelius “Neal” Petties was born September 16, 1940, in San Diego, California to Leon Clinton Petties Sr. and Lillian Parker Petties. He was the fourth of six children born to this union. He was preceded in death by both his parents and five siblings: Leon Jr., Jacqueline, Martel, Lawrence and George.

Neal was affectionately known as “Pop”, “Daddy-O”, “Tall, Tan & Terrific” , and “Dad” by his family and friends. He loved football and excelled while attending San Diego High School and later San Diego State University, where he played Football under the late Don Coryell. In 1964, Neal was drafted by the Baltimore Colts and played three years in the National Football League.

After his football career, he worked for the City of San Diego for 25 years in the Park and Recreation Department as Director of Mountain View Park. While working for the City, Neal implemented numerous programs to benefit the neighborhood youth. He brought live entertainment, organized trips to amusement parks for the kids, and was instrumental in getting a lot of people in the community jobs with the City. While being employed with the City, he also worked part-time security for the Palisade Skating Rink. Everyone knew “Big Neal”.

After retiring from the City, Neal couldn’t sit still. He went on to work for the San Diego Port District, and later as a Job Coach for the mentally challenged.

He was known for his generosity and willingness to help anyone in need …expecting nothing in return. He was highly respected and will be greatly missed by many.

God sent his angels to bring his child from labor to eternal rest in the early hours of Friday, June 2, 2023. Waiting to welcome him home in glory were his parents and siblings.

Neal leaves behind to celebrate his memory a son, Anthony LeMonte Petties (Tala Sione) of San Diego, California; a daughter, Sherie Renee Petties-Jackson of San Diego; sisters-in-laws Debra Petties, Georgette Petties and Johnnie-Mae Petties; best friends HD Murphy, Earl “Wool” Woolridge, Melvin “Tootie” Southern, Esther “NeeNee” Torbert, Robert Carter, James McDougal, and Floyd Robinson; a host of nieces, nephews and countless other family and friends.


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